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2025 DAILYLAW 79249 (ALL)

SMT. TASMIN v. STATE OF U.P. AND 3 OTHERS

A227/7859/2025 · 2025-07-27

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123702 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7859 of 2025 Petitioner :- Smt. Tasmin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rizwan Ullah Siddiqui Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. By means of the present petition under Section 227 of the Constitution of India, the petitioner has prayed to set aside the impugned judgment and order dated 12.05.2025 passed by learned Additional Sessions Judge/Fast Track Court- First, Saharanpur in Criminal Revision No. 411 of 2023 (Smt. Tasmin Vs. State of U.P. and others), and also to stay the effect and operation of the impugned order dated 07.07.2023 passed by the learned Judicial Magistrate/Additional Civil Judge (J.D.) IIIrd, Saharanpur in Complaint Case No. 228 of 2023 (Smt. Tasmin Vs. State of U.P. and others). It has been submitted by the learned counsel for the petitioner that the petitioner lodged a complaint before A.C.J.M. IIIrd, Saharanpur, however, the learned court below after recording the statement of the complainant and the witnesses, had rejected the complaint u/s 203 Cr.P.C., even the revision filed against the said order, has also been rejected. The main submission of the learned counsel for the petitioner is that the incident took place as alleged and there is sufficient material to proceed against the respondent- accused. Learned AGA has opposed the aforesaid prayer on the ground that there are major contradictions in the statement of the complainant. The husband of the complainant, who reached the spot and broke open the door, was not examined. The witness Saleem who has claimed himself as an eye witness is not a reliable witness as he gave a contradictory statement because the incident took place inside the closed room and no one can be its eye witness. Looking to the fact that there are major contradictions in the statements of the complainant and the witnesses. There is no illegality in the order impugned. No interference is required. The present petition stands dismissed. Order Date :- 28.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad